Wills and Estate Law: Mental Capacity

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the minimum number of witnesses required for a will to be valid?

One

Four

Two (correct)

Three

What is the consequence of uncertainty as to the subject matter of the will?

The gift is void

The gift is ambiguous

The gift is valid

The gift fails (correct)

In the case of Peck v Holsey (1726), what was the reason for the gift to fail?

Uncertainty as to the subject matter of the will (correct)

Uncertainty as to the object of the will

Lack of testamentary capacity

Suspicious circumstances

What was the issue in the case of Asten v Asten (3 Ch 261)?

Uncertainty as to the subject matter of the will Signup and view all the answers

What is the consequence of uncertainty as to the object of the will?

The gift fails Signup and view all the answers

In the case of Re Stephenson (1 Ch 75), what was the issue?

Uncertainty as to the object of the will Signup and view all the answers

What is the burden of proof in challenging a will?

On the challenger Signup and view all the answers

What is the requirement for the execution of a will?

Signed by the testator in the presence of at least two witnesses Signup and view all the answers

What is the main reason for a will being held invalid?

The testator was mentally incapacitated Signup and view all the answers

In what circumstance would the court be suspicious of a will?

When the testator excludes family members Signup and view all the answers

What is the burden of proof in challenging a will?

The burden is on the person propounding the will Signup and view all the answers

What does testamentary capacity depend on?

None of the above Signup and view all the answers

What is the rule in Barry v Butlin?

The onus probandi lies on the party propounding the will Signup and view all the answers

What is the result of a testator lacking mental capacity?

The will is invalid Signup and view all the answers

What does the court consider when determining the validity of a will?

The testator's testamentary capacity Signup and view all the answers

In what case was the rule in Barry v Butlin followed?

Udham Singh v Inder Kaur Signup and view all the answers

What is the initial burden of proof in the execution of a will?

On the proponent of the will Signup and view all the answers

What happens if the burden of proof is not discharged by the proponent and the challenger?

The court will make several presumptions Signup and view all the answers

What is required to challenge a will on the grounds of suspicious circumstances?

Evidence of suspicious circumstances Signup and view all the answers

What is the effect of a will being rational on its face?

There is a presumption that the testator was sane Signup and view all the answers

What is the burden of proof for the challenger if the will is rational on its face?

To prove the testator did not have adequate mental capacity Signup and view all the answers

What is the effect of the challenger proving the testator lacked capacity?

The burden of proof shifts back to the proponent Signup and view all the answers

In what case was a will held invalid despite being rational on its face?

Harwood v Baker Signup and view all the answers

What is the role of the proponent of the will in cases of challenging a will?

To prove the will was executed properly Signup and view all the answers

Study Notes

Testamentary Capacity

A testator's mental capacity can be questioned if they are extremely ill or forgetful, especially if they fail to make provision for their relatives.
If a testator lacks mental capacity, their will can be held invalid.
Physical health does not determine testamentary capacity (Lee Ing Chin & Ors v Gan Yook Chin & Anor).

Burden of Proof

The party propounding the will must prove that the instrument is the last will of a free and capable testator.
If circumstances excite the court's suspicion, the proponent must remove such suspicions and prove affirmatively that the testator knew and approved the contents of the document.
The onus is first on the proponent of the will, and once proven, the onus shifts to the opponent of the will (Barry v Butlin, Tyrrell v Painton).
If the propounder fails to prove the will, the challenger must prove fraud or undue influence (Tyrrell v Painton).
The court will consider the circumstances surrounding the will, including the attorney's involvement and the exclusion of family members (Barry v Butlin, Estate of Hew Wai Kwong).

Presumptions

If the will is rational on its face, there is a presumption that the testator was sane at the time the will was made.
The challenger must prove that the testator lacked adequate mental capacity generally or at the particular time the will was made.
If the challenger proves incapacity, the burden shifts back to the proponent to establish that the testator had adequate capacity at the time the will was made (Harwood v Baker).
If there are multiple attesting witnesses, the will would be valid if at least two of them are not beneficiaries to the will.

Uncertainty in the Will

If the subject matter of the will is uncertain or ambiguous, the gift fails (Peck v Holsey, Asten v Asten).
If there is uncertainty as to the object of the will, the recipient, the gift also fails (Re Stephenson).

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

A 1949 will case where the testator's mental capacity is questioned due to illness and lack of provision for his son. Learn about the legal implications and the court's decision.